Necessary party in writ review depends on legal duty to defend the order, not the tribunal's role in the dispute.

In judicial review under Articles 226 and 227, a tribunal is not a necessary party where the real lis is between the management and the aggrieved employee and the tribunal is not legally required to defend its order. Because non-impleadment of such a tribunal does not make the writ petition non-maintainable, the earlier dismissal of the Letters Patent Appeal on that ground was incorrect. The tribunal under the Gujarat Secondary Education Act functions as both an original and appellate forum, but that role does not by itself require impleadment in writ proceedings. The dismissal for want of maintainability was set aside and the matter restored for decision on merits.

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Issues: Whether the tribunal whose order is challenged under Articles 226 and 227 of the Constitution is a necessary party to the writ proceedings and whether the Letters Patent Appeal was wrongly dismissed as not maintainable.

Analysis: The tribunal under the Gujarat Secondary Education Act, 1972 functions both as an original forum under Section 38 and as an appellate forum under Section 39. In proceedings for judicial review under Articles 226 and 227, the lis is essentially between the management and the aggrieved employee, and the tribunal is not required to defend its own order. Where the tribunal is not obliged in law to support its decision, omission to implead it does not render the writ petition non-maintainable. The earlier dismissal of the appeal on the premise that the tribunal was a necessary party was therefore incorrect.

Conclusion: The tribunal was not a necessary party, and the writ proceedings were maintainable without impleading it; the dismissal of the Letters Patent Appeal on maintainability was set aside and the matter was restored for decision on merits.

Ratio Decidendi: A tribunal or authority is a necessary party in writ proceedings only if it is in law required to defend its own order; if not, the writ petition remains maintainable even without its impleadment.

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